In 1997, Eugenie Poleyeff, went swimming on 29th Street and Collins Avenue in Miami Beach. Eugenie ran into trouble and screamed for help. Zachery Breaux, a jazz guitarist, jumped into the water. Zachery’s wife and children ran up and down the beach looking for a life guard.
Zachery eventually reached Eugenie in the water. However, he was not able to rescue her. In fact, they both drowned. Both Frederica Breaux and Israel Poleyeff, a rabbi, brought lawsuits. These lawsuits claim that the City of Miami was negligent in failing to have life guards. They also claimed that there should have been riptides warnings at the beach on the date of the incident. The lawsuits indicated that Miami Beach had parking facilities, shower facilities and concession stands for beach goers but had no life guards or notifications to beach goers concerning riptides.
The courts in Florida found there was no liability. In a decision in 2009, the Florida Supreme Court eventually ruled that cities had a responsibility to warn beach goers of dangerous conditions that they were aware of.
After a decade long battle, the family of Zachery Breaux, received a court award of $5,000,000. Unusual situations and unusual injuries may involve liability. Should you, a friend or family member be injured, you should consult the Law Offices of Schlissel DeCorpo for a consultation as to whether the injuries are actionable. So e-mail us or give us a call anytime at 800-344-6431.
-Elliot Schlissel, Esq.
Picture courtesy of sky.com.